TERMS OF CONSIDERATION OF COMPLAINTS AGAINST THE DECISION TO INITIATE A CRIMINAL CASE AND THEIR IMPACT ON THE PRELIMINARY INVESTIGATION

Abstract

The article points out the need to determine the permissible time limits for appealing the decision to initiate a criminal case and the time limits for its consideration. The problems arising in connection with the absence of a fixed time limit for appealing the decision to initiate a criminal case are highlighted. Conclusions by establishing a maximum term of appeal said decision and a maximum period of adjudication of the said complaint. The practical significance of the study lies in the development of problems related to the terms of appeal in court against the decision to initiate a criminal case, and in the formulation of proposals for their solution. The terms of filing a complaint against the decision to initiate a criminal case, as well as the terms of their consideration, are proposed. The opinion on the need to grant the right to the court to make specific decisions on the results of the consideration of this complaint in order to exclude repeated consideration of similar complaints by the court is substantiated. It is indicated that it is inadmissible to appeal against the decision to initiate a criminal case on the fact of committing a crime.